Hong Kong Ordinances

HAZARDOUS CHEMICALS CONTROL ORDINANCE - SECT 32

Power to enter non-domestic premises, etc. for routine inspection

PART 5

ENFORCEMENT POWERS, ETC.

(1) For the purposes of ascertaining whether this Ordinance has been or is
being complied with, an authorized officer may, at any reasonable time, enter
any premises, other than domestic premises, which he reasonably believes is
used for manufacturing any scheduled chemical or for facilitating the export,
import or use of any such chemical.

(2) After entering any premises under subsection (1), an authorized officer
may, at the premises, exercise any or all of the following powers—

   (a)  to require the production of, inspect and examine—

        (i)    any thing that is or he reasonably believes to be a scheduled
               chemical; or

        (ii)   any thing that contains or he reasonably believes to contain
               any such chemical, including any thing that he reasonably
               believes to have any such chemical as its part;

   (b)  to require the production or provision of, inspect and examine—

        (i)    any permit or other document to which any scheduled chemical
               relates, including any document that relates to the origin or
               nature of such chemical; and

        (ii)   any other document or information or any other thing that he
               reasonably believes to be relevant to an offence under
               section 6, 7, 8 or 9;

   (c)  to take and make copies of any permit, document and information
        referred to in paragraph (b);

   (d)  to take, without payment but subject to the issue of a receipt for it,
        such sample of any thing as he may reasonably require for the purposes
        of examination and investigation to determine whether an offence may
        have been committed under section 6, 7, 8 or 9.

(3) A person commits an offence if he—

   (a)  without reasonable excuse, fails to comply with a requirement made
        under subsection (2)(a) or (b); or

   (b)  wilfully obstructs an authorized officer in the exercise of any power
        conferred under subsection (1) or (2).

(4) A person who commits an offence under subsection (3) is liable on
conviction to a fine at level 3 and to imprisonment for 6 months.

(5) Where a sample of any thing is taken away by an authorized officer under
subsection (2) for the purposes of examination and investigation, the Director
may, after the examination and investigation, direct that the sample be
returned to its owner or to the premises from which it was taken or disposed
of in such other way as he considers appropriate.